Express Mobiles/ Yes mobiles out of business?

donker2k

hi i to have been ripped off by ME
you try getting a replacement phone from them as mine was stolen
there is no reply to emails and site again is under constrution
is this company gone bust or just as you say moved from place to place
i spoke to 02 about this and you guessed it not interested only to say my contract was for 12 mths and not 18
so please check and comfirm with your own provider
only 6mths to go alias for me

anyway i did not get my holiday voucher from EM as they said with sent contract 1 month after sending cheap crap phone so no mention of cooling period so to late to cancel anyway i will hang in there with everyone else and wait for some result

Sid08

Hey guys

I just rang that number "08702259259" and spoke to Nicola and informed her that i have applied to Her majesty's crown courts service (hmcs) which i just did by filling up a form. She also told me that Sam is no longer with the company lol! and also gave me the excuse that they are waiting for thier cheque books to arrive lol!

I said to her i am about to notify the HMCS then she told me i will recieve my cheque by the weekend and i replied if i dont recieve it by the weekend then i guess we gona have to settle it in court!

So im just gona send off the form to HMCS and see what they say cause its really beginning to get ridiculous now. here is the link to HMCS if anyone is interested:

http://www.hmcourts-service.gov.uk/infoabout/mcol/contact_us.htm

Quentin

HMCS won't say anything!

If you want to pursue your claim via HMCS, it's not "just" about filling in a form.

You need to go through a procedure:

Before contacting the court you need to inform the debtor that you are contemplating legal action if they don't pay up, (send a "letter before action"). Telling them on the phone is not sufficient.

If that fails, then read up the courts guide for claimants before filling in the form. A fee has to be paid to the court at the same time you send in the form.

Sid08

Quentin wrote: »

HMCS won't say anything!

If you want to pursue your claim via HMCS, it's not "just" about filling in a form.

You need to go through a procedure:

Before contacting the court you need to inform the debtor that you are contemplating legal action if they don't pay up, (send a "letter before action"). Telling them on the phone is not sufficient.

If that fails, then read up the courts guide for claimants before filling in the form. A fee has to be paid to the court at the same time you send in the form.

i am aware of the fee and i am also about to inform express mobiles via a letter. I am pretty sure HMCS will do something about it because i spoke to them over the phone and spoke to my solicitor and they both seemed positive about it. So lets not give up and hope for the best!

Quentin

HMCS will always "do something" (as long as you submit a correctly completed claim form and the appropriate fee) - they will issue a summons to whoever you want.

Your post suggested all that was needed was to fill in a form, send it to HMCS and await what they have "to say".

The main problem about using HMCS is the cost involved, apart from the time and hassle (and more cost) involved if a court hearing becomes necessary. You only get the court's legal costs refunded if you win the case and can enforce the judgement. (And usually cannot get any solicitor's fees refunded whatever the outcome).

You need to be sure that the person/company you are suing is a "won't pay" not a "can't pay".

Has your solicitor any advice on this that would be useful to the rest of us?

Sid08

Quentin wrote: »

HMCS will always "do something" (as long as you submit a correctly completed claim form and the appropriate fee) - they will issue a summons to whoever you want.

Your post suggested all that was needed was to fill in a form, send it to HMCS and await what they have "to say".

The main problem about using HMCS is the cost involved, apart from the time and hassle (and more cost) involved if a court hearing becomes necessary. You only get the court's legal costs refunded if you win the case and can enforce the judgement. (And usually cannot get any solicitor's fees refunded whatever the outcome).

You need to be sure that the person/company you are suing is a "won't pay" not a "can't pay".

Has your solicitor any advice on this that would be useful to the rest of us?

I aint worried about the fees! I have a solicitor, who is helping me and advising me to HMCS. It doesnt matter if it is "can't pay situation" EM o me money at the end of the day.

I dont care how long it takes with HMCS, im giving EM until the weekend TO PAY MY CHEQUE. Im serious guys im am really !!!!ed now

Quentin

Thing is, Sid08, you may be able to afford to send good money after bad.

If they can't pay, then others might prefer not to!!

Please keep us posted on the case!

Sid08

Quentin wrote: »

Thing is, Sid08, you may be able to afford to send good money after bad.

If they can't pay, then others might prefer not to!!

Please keep us posted on the case!

i will let you guys know all the info to how much it costs etc once i go through with it.

Quentin

The court costs are known. For a claim between £300 and £500:

Issuing a summons: £45 (If issued via MCOL, £35)

Court hearing cost: £55

Enforcing Judgement: £55

So if it's a case of "can't pay", then it's another £145/£155 down the drain on top of the lost cashback. (Not including your personal costs/loss of earnings/solicitor involved if it ends up in having to attend a hearing).

JackW_3

So they are still trading?

I have written to them via normal mail and also copied the letter to them via email as they said my second claim did not meet there T&C's. I've had a email back from Nicky Shakespeare [chequeback@expressmobiles.uk.com] (This is a new Person to me ) stating that it was an oversite on there part and my claim is being processed. I will start harrasing them via phone if I don't get my check within the 28 days that I gave them in the letter.

You would think that the Service providers, O2 in my case, would stop them selling contracts on there behalf. Anyone know a senior exec at O2 I could write to ? As I think the only way to resolve
this is to get our contracts cancelled and stop the service providers dealing with this company

I sent the letter to PO Box 582, Fareham, PO14 9FQ. Not sure if this is correct or not but from other posts it appear the address on the Companies house website is empty.